DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This is in response to an amendment/response filed on December 18, 2025.
Claims 21,26, and 31 have been amended.
Claims 24-25,29-30, and 34-35 have been cancelled.
No Claims have been added.
Claims 21-23,25-28, and 31-33 are currently pending.
Response to Arguments
Applicant's arguments filed on December 18, 2025 have been fully considered but they are not persuasive.
Applicant’s arguments, see pages 5-7, filed on December 18, 2025, with respect to the rejection(s) of claim(s) 1-2,13-10 under 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kota et al. (US Application 2018/0167911, hereinafter Kota and cited in the previous action) which recites wherein the values for the scheduling information are determined based on non-scheduling information comprising cell identification information, and wherein the cell identification information comprises a primary synchronization signal (PSS) identification (ID), a secondary synchronization signal (SSS) ID, or a demodulation reference signal (DMRS) ID([0037], claim 7, which recites a cell identification information having PSS and SSS identification information).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 21-35 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-12 of copending Application No. 18/303,857.Although the conflicting claims are not identical, they are not patentably distinct from each other because claim(s) 1-12 of U.S. Application No. 18/303,857 contain(s) every element of claims 21-35 of the instant application and as such anticipate(s) claim(s) 21-35 of the instant application.
This is a provisional nonstatutory double patenting rejection.
Instant application
Co-Pending Application
21. (New) A processor of a network cell configured to perform operations comprising: transmitting, to a user equipment (UE), cell search information comprising non- scheduling information; transmitting a system information block (SIB); and transmitting Downlink Control Information (DCI) in a Physical Downlink Control Channel (PDCCH) corresponding to the SIB, wherein the DCI comprises scheduling information.
22. (New) The processor of claim 21, wherein the scheduling information comprises time domain resource assignment, frequency domain assignment, virtual resource block (VRB) to physical resource block (PRB) mapping, modulation and coding scheme (MCS), a redundancy version (RV), or a system information (SI) indicator.
23. (New) The processor of claim 21, wherein values for the scheduling information comprise fixed values known to the UE.
24. (New) The processor of claim 21, wherein the non-scheduling information comprises cell identification information.
25. (New) The processor of claim 24, wherein the cell identification information comprises a primary synchronization signal (PSS) identification (ID), a secondary synchronization signal (SSS) ID, or a demodulation reference signal (DMRS) ID.
26. (New) A base station, comprising:a transceiver configured to communicate with a user equipment (UE); and a processor communicatively coupled to the transceiver and configured to: transmit, to the UE, cell search information comprising non-scheduling information; transmit a system information block (SIB); and transmit Downlink Control Information (DCI) in a Physical Downlink Control Channel (PDCCH) corresponding to the SIB, wherein the DCI comprises scheduling information.
27. (New) The base station of claim 26, wherein the scheduling information comprises time domain resource assignment, frequency domain assignment, virtual resource block (VRB) to physical resource block (PRB) mapping, modulation and coding scheme (MCS), a redundancy version (RV), or a system information (SI) indicator.
28. (New) The base station of claim 26, wherein values for the scheduling information comprise fixed values known to the UE.
29. (New) The base station of claim 26, wherein the non-scheduling information comprises cell identification information.
30. (New) The base station of claim 29, wherein the cell identification information comprises a primary synchronization signal (PSS) identification (ID), a secondary synchronization signal (SSS) ID, or a demodulation reference signal (DMRS) ID.
31. (New) A method performed by a network cell, comprising: transmitting, to a user equipment (UE), cell search information comprising non- scheduling information; transmitting a system information block (SIB); and transmitting Downlink Control Information (DCI) in a Physical Downlink Control Channel (PDCCH) corresponding to the SIB, wherein the DCI comprises scheduling information.
32. (New) The method of claim 31, wherein the scheduling information comprises time domain resource assignment, frequency domain assignment, virtual resource block (VRB) to physical resource block (PRB) mapping, modulation and coding scheme (MCS), a redundancy version (RV), or a system information (SI) indicator.
33. (New) The method of claim 31, wherein values for the scheduling information comprise fixed values known to the UE.
34. (New) The method of claim 31, wherein the non-scheduling information comprises cell identification information.
35. (New) The method of claim 34, wherein the cell identification information comprises a primary synchronization signal (PSS) identification (ID), a secondary synchronization signal (SSS) ID, or a demodulation reference signal (DMRS) ID.
1. A processor of a user equipment (UE) configured to perform operations comprising: receiving, from a cell of a network, a system information block (SIB); determining values for scheduling information for the SIB without decoding a Physical Downlink Control Channel (PDCCH) corresponding to the SIB; and decoding the SIB using the scheduling information.
2. The processor of claim 1, wherein the scheduling information comprises at least some information that is included in Downlink Control Information (DCI) in the PDCCH corresponding to the SIB, wherein the scheduling information is determined without using the DCI in the PDCCH corresponding to the SIB.
3. The processor of claim 1, wherein the scheduling information comprises time domain resource assignment, frequency domain assignment, virtual resource block (VRB) to physical resource block (PRB) mapping, modulation and coding scheme (MCS), a redundancy version (RV), or a system information (SI) indicator.
4. The processor of claim 1, wherein values for the scheduling information comprise fixed values known to the UE.
5. The processor of claim 1, wherein values for the scheduling information are determined based on non-scheduling information.
6. The processor of claim 5, wherein the non-scheduling information comprises cell identification information, timing information or geographic information.
7. The processor of claim 6, wherein the cell identification information comprises a primary synchronization signal (PSS) identification (ID), a secondary synchronization signal (SSS) ID, or a demodulation reference signal (DMRS) ID.
8. The processor of claim 7, wherein the cell identification information is used to determine a frequency domain resource allocation or a time domain resource allocation of the scheduling information.
9. The processor of claim 6, wherein the timing information or the geographic information is determined from a global navigation satellite system (GNSS).
10. The processor of claim 9, wherein the timing information is used to determine a redundancy version (RV) field, a SIB indicator field, a time domain resource allocation or a frequency domain resource allocation.
11. The processor of claim 9, wherein the geographic information is used to determine a time domain resource allocation or a frequency domain resource allocation of the scheduling information.
12. The processor of claim 1, wherein values for the scheduling information are determined based on hypothesis testing.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 21-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US Application 2021/0119727, hereinafter Chen) in view of Kota et al. (US Application 2018/0167911, hereinafter Kota and cited in the previous action).
Regarding claims 21, 26, 31, Chen discloses a processor of a network cell , a base station, a method (Figs. 1-9) configured to perform operations comprising:
a transceiver (51,53) configured to communicate with a user equipment (UE); and a processor (57) communicatively coupled to the transceiver and configured to:
transmitting, to a user equipment (UE), cell search information comprising non- scheduling information([0005]-[0009], [0044], which recites the UE must obtain system information. System information includes configuration information about the network and the serving cell. Since this information is common to all users of the cell, it is broadcast to all UEs in the cell coverage area. System information is grouped into messages called the Master Information Block (MIB) and a number of System Information Blocks (SIBs));
transmitting a system information block (SIB) ([0005]-[0009], [0044], which recites the UE must obtain system information. System information includes configuration information about the network and the serving cell. Since this information is common to all users of the cell, it is broadcast to all UEs in the cell coverage area. System information is grouped into messages called the Master Information Block (MIB) and a number of System Information Blocks (SIBs)); and
transmitting Downlink Control Information (DCI) in a Physical Downlink Control Channel (PDCCH) corresponding to the SIB, wherein the DCI comprises scheduling information([0005]-[0009], [0044], which recites the base station 5 is configured to provide a number of control channels, including, for example, a physical downlink control channel (PDCCH) and a physical uplink control channel (PUCCH). The PDCCH is used by the base station 5 for allocating resources to the communication devices 3 (typically by sending a UE-specific DCI to each communication device that has been scheduled in the current scheduling round). The PUCCH is used by the communication devices 3 for sending a UE-specific UCI to the base station (e.g. an appropriate HARQ Ack/Nack corresponding to downlink data received using the resources allocated by the DCI)).
Chen does not explicitly disclose wherein the values for the scheduling information are determined based on non-scheduling information comprising cell identification information, and wherein the cell identification information comprises a primary synchronization signal (PSS) identification (ID), a secondary synchronization signal (SSS) ID, or a demodulation reference signal (DMRS) ID.
However, Kota teaches wherein the values for the scheduling information are determined based on non-scheduling information comprising cell identification information, and wherein the cell identification information comprises a primary synchronization signal (PSS) identification (ID), a secondary synchronization signal (SSS) ID, or a demodulation reference signal (DMRS) ID([0037], claim 7, which recites a cell identification information having PSS and SSS identification information).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Kota with the teaching of Chen by using the above features such as the values for the scheduling information are determined based on non-scheduling information comprising cell identification information, and wherein the cell identification information comprises a primary synchronization signal (PSS) identification (ID), a secondary synchronization signal (SSS) ID, or a demodulation reference signal (DMRS) ID as taught by Kota for the purpose of managing decoding of system information blocks (SIBs) at a user equipment (UE) and managing SIB transmissions at a base station(Abstract).
Regarding claims 22, 27, 32, Chen discloses the processor of claim 21, wherein the scheduling information comprises time domain resource assignment, frequency domain assignment, virtual resource block (VRB) to physical resource block (PRB) mapping, modulation and coding scheme (MCS), a redundancy version (RV), or a system information (SI) indicator([0015],[0091]-[0093]).
Regarding claims 23, 28, 33, Chen discloses the processor of claim 21, wherein values for the scheduling information comprise fixed values known to the UE([0089]-[0093]).
Regarding claims 24, 29, 34, Chen discloses the processor of claim 21, wherein the non-scheduling information comprises cell identification information([0006]).
Regarding claims 25, 30, 35, Chen discloses the processor of claim 24, wherein the cell identification information comprises a primary synchronization signal (PSS) identification (ID), a secondary synchronization signal (SSS) ID, or a demodulation reference signal (DMRS) ID([0006]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DADY CHERY whose telephone number is (571)270-1207. The examiner can normally be reached M to T, 8 am to 5pm.
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/DADY CHERY/ Primary Examiner, Art Unit 2461